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The Honorable Kathryn J. Nelson Noted for Consideration: November 16, 2018, at 9:00 a.m.

With Oral Argument

STATE OF WASHINGTON PIERCE COUNTY SUPERIOR COURT°1

STATE OF WASHINGTON ANO. 18-2-09903-5

Plaintiff, !~f INDINGS OF FACT, CONCLUSIONS OF LAW, AND

V. ORDER OF PRELIMINARY INJUNCTION

FALLEN HERO BRACELETS, a Washington nonprofit corporation; THE BENJAMIN FOUNDATION, a Washington nonprofit corporation also d/b/a THE ROBERTS RIDGE FOUNDATION and THE CRAIG NOBLE FOUNDATION; MIDNIGHT COAL COMPANY LLC, a Washington limited liability company, also d/b/a 3CHARLIE.COM and KOPFJAGER ARMS; and MICHAEL ALEXANDER FRIEDMANN and JANE DOE FRIEDMANN, individually and as part of their marital community,

Defendants.

The State's Motion for Preliminary Injunction was heard in open court on November 16,

2018. The Plaintiff, State of Washington, was represented by David M. Horn, Senior Counsel.

Defendants Fr C-9-14 t s w Y, n , Fw 1141- 4 Av 0 3 V'A c.► )~i~ s , '1 Le 1,14t j ct ft) V%Vt l of ',- ox ,

were n o +

represented, )112-

The

Court heard oral argument, reviewed the State's motion, its supporting declarations and their

ORDER OF ATTORNEY GENERAL OF WASHINGTON

PRELIMINARY Consumer Protection Division

INJUNCTION - I 800 Fifth Avenue, Suite 2000

Seattle; WA 98104 (206)464-7745

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attachments,

and (A2~.l.TJ ~i 1 Fes! ~y ~~~.lwa~ww"/~d'J'~CI+~Gu~n 1 tit ttu✓~; u~ of +My'~~ ot. 7 W

C ; nut s► 14" 611-J D tC) Olt cG.a 4 ) Fy t of m a h v filed by

Defendants. Being familiar with the records and files herein, the Court hereby enters the

following Findings of Fact, Conclusions of Law, and Order. a p ")~ ~ ~,

tx I. FINDINGS OF FACT 11 Q ay H 0, '7

1.1 Plaintiff is the State of Washington (the "State"). D°~ fiir, ~d w►QK~. w ay

1.2 Defendants , Fallen Hero Bracelets,

The Benjamin Foundation, and Midnight Coal Company LLC (Defendants A:A'"4 )

reside or have their principal place of business in Pierce County and transact business or have

significant ties to Pierce County)Friedmann resides and does business at 16011 3rd Avenue

Court East, Spanaway, Pierce County, Washington 98445.

1.3 Defendants Fallen Hero Bracelets and The Benjamin Foundation are Washington

nonprofit corporations. Defendant Midnight Coal Company LLC (Midnight Coal) is a

Washington limited liability Company.

Defendant Michael Alexander Friedmann

all three ~

participatedjn

ate defendan~

of

len e Benjamin Foundation, and Midnight

Co ale conduct of Defendants that is allege in s t.

1.5 Defendant Fallen Hero Bracelets, which sometimes does business as

3Charlie.com, maintains at -least two websites from which it sells bracelets, hats, pins, engraved

bullets and other items by representing that proceeds will benefit veterans and veterans'

charitable organizations. Fallen Hero Bracelets' only director is Friedmann. Friedmann is

President, Chief Executive Officer, Chief Legal Officer, and Director of Fallen Hero Bracelets.

Fallen Hero Bracelets' principal place of business is 160113 rd Avenue Court East, Spanaway,

Pierce County, Washington 98445.

1.6 Defendant The Benjamin Foundation, which sometimes does business as The

ORDER OF PRELIMINARY INJUNCTION - 2

ATTORNEY GENERAL OF WASHINGTON Consumer Protection Division 800 Fifth Avenue, Suite 2000

Seattle, WA 98104 (206)464-7745

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Roberts Ridge Foundation, is a Washington nonprofit corporation formed exclusively for

charitable purposes. Its website links to the website for Fallen Hero Bracelets. The Benjamin

Foundation claims that the Roberts Ridge Foundation, its d/b/a, is a Pararescue Organization that

raises money for the same veterans' causes as Fallen Hero Bracelets.

in , c ange 1 s in ally changed the name

again in 2011, this tim in Found e wrote that it was dedicated to "father's

rights", particularly "the victi ion of men and fat er he abuse of process of

M

Z*46nfafii5tt. The Benjamin Foundation's principal place of business is at 16011 3rd Avenue

Court East, Spanaway, Pierce County, Washington 98445.

1.7 Michael Friedmann currently resides in Spanaway, Washington. All actions

taken by either Defendant Michael Friedmann with respect to any of his business or nonprofits

a141y) F~11~..- Aso Uuu have been and are for the benefit of any marital community. ~k.- Fy u~a

Cor~~,~~ 1.8 The term "Defendants" refers collectively to defendant as well as their ,

officers, agents, servants, employees, and representatives.

1.9 The Attorney General has authority under RCW 19.86.080 to prevent and restrain

violations of the Consumer Protection Act. The Attorney General has authority under RCW

19.09.340 to prevent and restrain violations of the Charitable Solicitations Act.

1.10 This -Court has personal jurisdiction over Defendants under RCW 19.86.080 and

RCW 19.09.340. Defendants have submitted themselves to the jurisdiction of this Court by

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21 engaging in the conduct set forth- in this Complaint in the State of Washington, including in

22 Pierce County.

23 1.11 This Court has subject matter jurisdiction over this action pursuant 'to

24 RCW 19.86.080 and RCW 19.86.140.

25 1 1.12 Venue is proper in Pierce County pursuant to RCW 4.12.020 and RCW 4.12.025.

26 1 Defendants reside or maintain their principal places of business in Pierce County.



Seattle, WA 98104 (206)464-7745

1 1.13 Defendant Michael Friedmann serves and has served as an officer or director of

2 the corporate defendants.

3 1.14 Since at least 2015, Defendants Friedmann and Fallen Hero Bracelets have

4 conducted charitable solicitations in Washington through their website,

5 www.fallenherobracelets.com ("the Website"), which offers for sale a variety of bracelets, hats,

6 badges, engraved bullets and other merchandise bearing names of service members, the names

7 or logos of military or patriotic organizations, or other military or patriotic themes. The Website

8 also asks for donations to Fallen Hero Bracelets.

9 1.15 The Website claims that sales of bracelets "support the following organizations

10 and foundations and funds: The Benjamin Foundation, The Roberts Ridge Foundation,

11 The Sgt. David Coullard Memorial Fund, SSG Matthew A. Pucino Memorial Foundation, LTD.,

12 The Green Beret Foundation, Intrepid Fallen Heroes Fund, Wounded Warrior Project,

13 Rolling Thunder, National Fallen Firefighters Association, The British Forces Foundation,

14 British Soldiers Fund, Stolen Valor, Canadian Fallen Heroes Foundation, Special Operations

15 Warrior Foundation, The Navy SEAL Foundation, 173rd ABN BDE National Memorial

16 Foundation, Mike Stokely Foundation, Inc., 82nd Airborne Division Association, 101 st Airborne

17 Division Association, National Ranger Memorial Foundation, Inc., Lead The Way Fund, Inc.,

18 US Army Ranger Association, Lt. Scott F. Milley Ranger Foundation, National Law

19 Enforcement Officers Memorial Fund, Royal Marines Charitable Trust, The RCMP, Machine

20 Gun Preacher, USAF TACP Association, That Others May Live Foundation, Special Air Service

21 Regimental Association, The Mark Forester Foundation, FallenHeroes.org.uk,

22 AdamsHoofmgHut.com, Washington State Patrol Troopers Association, National Association

23 of the 10th Mountain Division, 10th Mountain Division Association, British Police and Services

24 Canine Association, United States Police K-9 Association, Inc., Night Stalker Association, John

25 Faas Foundation, Chris Kyle Memorial Fund, Bootneck.org, Choose Life, [and] The Lone

26 Survivor Foundation."



INJUNCTION - 4 800 Fifth Avenue, Suite 2000

Seattle, WA 98104 (206)464-7745

1.16 In fact, as of June 14, 2018, Fallen Hero Bracelets had not donated any money to

any of these organizations.

1.17 The Website also represents that purchases and donations would support a

I I program to provide trained service dogs to military veterans suffering from post-traumatic stress

disorder. In fact, Defendants have not provided any service dogs to any veterans.

1.18 The Website bears a logo for something called the "Business Bureau of America"

that says "A+ Rating" and "Accredited." The name resembles the name of the Better Business

Bureau, a legitimate, national nonprofit organization that provides reviews and ratings of

businesses and nonprofits across the country to make consumers and donors aware of the

reputation of businesses and nonprofits with which they might be considering doing business.

The logo bears a torch, as does the logo of the real Better Business Bureau.

1.19 In. fact, the real Better Business Bureau has not awarded an A+ rating or an

accreditation. to Fallen Hero Bracelets. In fact, the real Better Business Bureau gives an F rating

to FallenHeroBracelets.com. In fact, the real Better Business Bureau posts on its website the

following warning to consumers about FallenHeroBracelets.com:

Pattern of Complaints

On July 28, 2017, BBB recognized a pattern of complaints from consumers regarding delivery and customer service issues. Complaints allege that consumers purchased product(s) from Fallen Hero Bracelets and didn't receive their product(s) after 1-5 months. Consumers allege when contacting the company they are-told the delay was due to personal reasons. Also, consumers allege the company is rude and uses profanity when contacted.

On August 3, 2017, Fallen Hero Bracelets responded to BBB. The company communicated to BBB that it does not see a pattern in its BBB complaints. Also, the company has denied consumer allegations.

As of May 18, 2018, BBB has determined the pattern of complaints still exist.

1.20 The Website also claims in large letters that customers will receive "7 to 14 day



Seattle, WA 98104 (206) 464-7745

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1 ~ processing on all orders" while it states in smaller print that there is a "35 day lead time on

2 engraved bracelets," "3 to 6 week lead time on hats and shirts when out of stock. Business days

3 only!", and "processing does not include production or shipping time frames."

4 1.21 The Website makes other dubious claims: that there have been "over 1,223,218

5 sales worldwide"; that "We offer a 100% consumer satisfaction guarantee"; and "Up to 47 dozen

6 shirts an hour. Quick turn around."

7 1.22 In fact, when consumers order merchandise from Defendants, Defendants often

8 do not deliver that merchandise to consumers until they complain, or do not deliver it for several

9 weeks or even months. Consumers who complain to government agencies or the real BBB are

10 subjected to a number of harsh reactions from Defendants. Defendants write profanity-laced

11 letters and emails to the consumers. Defendants tell the agencies that the consumers are lying.

12 Defendants file claims against complaining consumers in small claims court for amounts

13 sometimes exceeding $1000. Defendants claim the consumers owe Defendants money, and

14 report them to collection agencies, sometimes multiple collection agencies. When consumers

15 attempt to exercise their chargeback rights under the Fair Credit Billing Act, 15 U.S.C. Sections

16 1601 et seq., Defendants retaliate by seeking to block, chargebacks. Defendants also post the

17 names of complaining consumers on a website Defendants created, www.wallofshame.us, that

18 refers to the consumers by name and describes these consumers in coarse, crude, and profane

19 language.

20 1.23 In correspondence with consumers, Friedmann sometimes refers to himself as

21 "Chief Legal Officer" of Fallen Hero Bracelets. This has the tendency and capacity to mislead

22 consumers into believing Friedmann is a lawyer. In fact, Friedmann does not have a law degree

23 and has never been licensed to practice law.

24 1.24 Defendants also maintain another website, www.3charlie.com, that provides links

25 to www.fallenherobracelets.com, displays the fake BBB logo and A+ rating, asks for donations,

26 and claims that purchases help support The Roberts Ridge Foundation "and 40 other veteran and



Seattle, WA 98104 (206)464-7745

1 law enforcement organizations in four countries." The name "3charlie.com" is another fictitious

2 name for Fallen Hero Bracelets.

3 1.2.5 Finally, Defendants operate a for-profit corporation, The Midnight Coal

4 Company, LLC, (Midnight Coal), which is listed on a government website as a federally licensed

5 firearms dealer, and hosts its own website, www.kopfjjageranns.com, under the names Midnight

6 Coal Company, Kopfjager Arms, and Tier One Tactical. This website asserts that the firm's

7 "primary client base" is "special operations units and law enforcement." The website offers

8 "more than one million firearms" for sale and claims that "A portion of every sale is donated to

a the Roberts Ridge Foundation and Fallen Hero Bracelets to help them in their effort to honor

10 and remember our fallen heroes." The website also asks for donations to Fallen Hero Bracelets.

11 1.26 Defendants are not registered as charitable organizations with the Secretary of

12 11 State. Fallen Hero Bracelets and The Benjamin Foundation have filed optional registrations

13 claiming they are exempt from registration because no one gets paid. It is not true that no one

14 gets paid by these organizations, and they are required to register properly as charitable

15 organizations.

16 1.27 Friedmann has registered at least 39 websites and continues to create new

17 corporations. Friedmann was served with the State's Complaint in July 2018 but most or all of

18 the violations have continued.

19 H. CONCLUSIONS OF LAW

20 2.1 The Court has jurisdiction over the persons and entities and the subject matter at

21 issue in this case.

22 2.2 Pierce County is the appropriate venue for this action.

23 2.3 Plaintiff State of Washington has a clear legal and equitable right to enforce the

24 Charitable Solicitations Act and the Consumer Protection Act, and to seek preliminary injunctive

25 relief.

26 2.4 Plaintiff is likely to prevail in its claims that:


PRELIMINARY Consumer Protection Division 800 Fifth Avenue, Suite 2000

INJUNCTION - 7 Seattle, WA 98104 (206)464-7745

a~~a., r/~~n ~'~uCe~Qsj ~t+*,us..nn► •~ dwv~•~a'~r+o~ ~~•,~

MU Camel ~7 L_i C)

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1 a. Defendants have made false, misleading, and deceptive statements in

2 charitable solicitations, and in the course of business, to induce consumers to donate to

3 or purchase merchandise from Fallen Hero Bracelets, in violation of both

4 RCW 19.09.100(15) of the Charitable Solicitations Act and RCW 19.86.020 of the

5 Consumer Protection Act. Such misrepresentations have included, but are not limited to:

6 i) That purchases and donations will benefit the 40 charitable organizations listed above in paragraph 1.15;

7 ii) That Fallen Hero Bracelets is accredited by and has received an

8 A+ rating from the real Better Business Bureau;

9 iii) That Fallen Hero Bracelets will provide trained service dogs to veterans suffering from post-traumatic stress disorder;

10 iv) That Fallen Hero Bracelets provides 7 to 14 day processing on all

11 orders; and

12 v) That Fallen Hero Bracelets guarantees "100% consumer satisfaction."

13 vi) That Defendant Friedmann is "Chief Legal Officer" of Fallen

14 Hero Bracelets and has extensive experience in law, which tends to make consumers think he is a lawyer;

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16 b. Defendants have also violated RCW 19.86.020 of the Consumer

17 Protection Act by engaging in unfair and abusive practices toward their customers,

18 including retaliating against them for filing complaints or initiating chargebacks by suing

19 them, turning them over to collection agencies, threating to sue them or turn them over

20 to collection agencies, and posting their names on www.wallofshame.us where

21 Defendants call them vulgar, disparaging names and seek to hold them up to public

22 ridicule.

23 C. Defendants used "an identical or deceptively similar name, symbol,

24 statement, or emblem so closely related or similar that its use would confuse or mislead

25 the public" by using the name "Business Bureau of America" and a symbol like that of

26 the real Better Business Bureau without permission from the real Better Business Bureau.




1 This violates RCW 19.09.230 of the Charitable Solicitations Act which, pursuant to

2 RCW 19.09.340, constitutes violations of per se violations of the Consumer Protection

3 Act, RCW 19.86.

4 d. Defendants maintain and have maintained websites that solicit

5 contributions and purchases from the general public. Defendants have failed to include

G'7 on the Website and other websites the disclosures required by RCW 19.09.100(1) and

7 (4). Specifically, Defendants have failed to disclose: (a) the published toll-free number

8 and website of the Secretary of State's Office so the donor may call to obtain additional

9 financial and other information; (b) the city of the principal place of business of the

10 charity; and (c) the entity's registration status. This conduct violates RCW 19.09.100(1)

11 and (4) which, pursuant to RCW 19.09.340, constitute violations of the Consumer

12 Protection Act, RCW 19.86.020.

13 e. Beginning in 2015 and continuing up to the present, Defendants solicited

14 and collected charitable contributions from the general public in the State of Washington

15 through appeals to charitable causes without being properly registered as a charitable

Irov organization with the Secretary of State. This conduct violates RCW 19.09.065(l),.075,

17 .081, and .085 and, pursuant to RCW 19.09.340, constitutes violations of the Consumer

18 Protection Act, RCW 19.86.020. Defendants were required to register as charitable

19 organizations from 2015 to the present, but have not done so.

20 2.5 Defendants' actions create a well-grounded fear that Defendants will continue to

21 violate the law and invade the public's legal and equitable rights.

22 2.6 The Defendants actions are causing and will continue to cause actual and

23 substantial injury to members of the public.

24 2.7 The State is not required to post a security bond pursuant to CR 65(c).

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Seattle, WA 98104 (206)464-7745

III. ORDER 1

This matter having come before the Court, and the Court having heard oral argument and 2

reviewed the papers on file, and having made the foregoing findings of fact and conclusions of law, 3

and being fully advised in the premises, the Court hereby GRANTS the State's Motion for 4

Preliminary Injunction and. ORDERS as follows: 5

Defendants Fallen Hero Bracelets, The Benjamin 6

Foundation, Midnight Coal Company LLC, their officers, agents, servants, employees and 7

attorneys, and all those who are in active concert or participation with them who shall receive actual 8

notice of this order by personal service or otherwise, are HEREBY ENJOINED AND 9

RESTRAINED for the duration of this case as follows: 10

1. Defendants shall file registrations with the Secretary of State as charitable 11

organizations for each calendar year since each organization was created, and 12

shall file with the Secretary of State a financial report for each year since each 13

entity was created, and until those documents are properly filed with and accepted 14

by the Secretary of State, Defendants shall immediately cease and desist from 15

conducting charitable solicitations in Washington by either taking down their 16

websites or ensuring that each and every one of them is devoid of any solicitation 17

for helping military veterans, military personnel, law enforcement personnel, 18

fathers engaged in custody battles, children, families, scholarships, providing 19

guide dogs to injured veterans, any nonprofit organization, or any other charitable 20

pose; 21

2. Defendants shall not communicate, via website, email, letter, telephone, text 22

message, advertisement whether print or digital, or any other medium, any 23

statement or image that is false, misleading or deceptive in the course of soliciting 24

contributions or selling goods or services, whether or not the statement is part of 25

a charitable solicitation, including without limitation all statements and images 26



INJUNCTION - 10 800 Fifth Avenue, Suite 2000

Seattle, WA 98104 (206) 464-7745

1 that are identified as deceptive in this Order, including in the Findings of Fact and

2 Conclusions of Law, and including those listed below, even if this means

3 disabling their websites until such statements have been removed from all of

4 them:

5 a. That purchases or donations will benefit any or all of the 40 charitable organizations listed above in paragraph 1. 15, or any other charitable

6 organization whose written permission has not been obtained by Defendants;

7 b. That any Defendant is accredited by and has received an A+ rating from

8 the real Better Business Bureau or the fake Business Bureau of America;

9 C. That any Defendant will provide trained service dogs to veterans suffering from post-traumatic stress disorder.;

10 d. That any Defendant provides 7 to 14 day processing on all orders;

11 e. That any Defendant guarantees "100% consumer satisfaction:" and

12 £ That Defendant Friedmann is "Chief Legal Officer" of any Defendant or

13 any other organization, and has extensive experience in law, or any other words that have a tendency and capacity to deceive consumers into

14 thinking that Mr. Friedmann is a lawyer.

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16 3. Defendants shall immediately and unequivocally withdraw, disavow, dismiss

17 with prejudice, and cancel whatever action or actions Defendants may have taken

18 to seek damages or other payment from any customer or to prevent that customer

19 from exercising his or- her chargeback rights under federal law, and shall refrain

20 from engaging in any practice- identified as abusive or unfair-or deceptive in this

21 Order, including in the Findings of Fact and Conclusions of Law;

22 4. Defendants shall immediately remove all the names of human beings from its

23 website, www.wallofshame.us, and shall refrain from posting any names on any

24 similar website in the future;

25 5. Defendants shall within ten days contact each and every customer they have sued,

26 sent to collections, or threatened to sue or send to collections, or whose chargeback




they have denied or attempted to deny, and inform that person in writing that

Defendants now unequivocally withdraw, disavow, dismiss with prejudice, and

cancel whatever action or actions Defendants may have taken to seek damages or

other payment from that person or to prevent that person from exercising his or her

chargeback rights under federal law, and shall within ten days after that provide a

copy of each such communication to the attorney for the State in this matter;

Defendants shall within 20 days provide a copy of each communication from them

to a customer, as described in the preceding paragraph, to the attorney for the State

of Washington in this matter; and

Defendants shall cease and desist from, and refrain from engaging in, any practice

that violates the Charitable Solicitations Act or the Consumer Protection Act as

described in the papers filed by the State in this matter. fi

DATED this 1 ~ day of Xcrftviii ' , 2018.

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Presented by: Copy Received, Notice of Presentation Waived:

ROBERT W. FE] Attorney General

DAVID M. HORN, WSBA #13514 MICHAEL A. FRIEDM~~ Senior Counsel Pro Se Attorneys for State of Washington

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INJUNCTION - 12 Seattle, WA 98104. (206)464-7745

4 av 0 3 v'a c. )~i~ s , '1 le 1,14t j...7 or logos of military or patriotic...

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